Understanding the Duty to Consult
In 2004, the Supreme Court of Canada set out the legal framework for the Crown’s duty to consult and accommodate in the Haida and Taku River cases. The duty flows from the “Honour of the Crown” and s. 35 of the Constitution Act, 1982 and requires governments to consult with Aboriginal peoples.
The duty to consult arises when the Crown knows, or should know of the potential existence of Aboriginal rights that may be infringed upon through Crown actions.